Why Lawyers Reject Your Case, Part 4: Procedural Reasons
DADvocacy™ | July 12, 2023You have visited two different law offices, explained your facts truthfully each time…and walked out empty-handed. Now what?
Two different lawyers rejected your case. You’re not feeling optimistic about your prospects.
Why do lawyers keep rejecting your case?
Each lawyer may have a different reason from the other lawyer. Each might have more than one reason for declining your case.
The reasons may be exclusively relevant to the legal merits of your case, or the reasons may be pertinent to something about the law firm itself. The reasons might not have anything to do with you.
The list below outlines the most common reasons that family law attorneys decline cases because of the following procedural issues:
1. Your deadline has passed.
Each step of the legal process in family law operates on a timeline. For example, let’s say your case was referred to a general magistrate. You may make a written objection within 10 days of the service of the order for the referral.
But you’re visiting the law office 17 days after service. Your deadline passed, which means the lawyer cannot accept your case to challenge the referral to the General Magistrate if that is your goal. If the lawyer believes you will be dissatisfied with pursuing other avenues, then an attorney-client relationship will not be satisfactory for either of you.
2. Another attorney is already working on your case.
If you already have an attorney working on your case, then you are currently represented. You cannot hire another attorney to take over, even if you are angry or displeased with your current attorney.
First, you must terminate the relationship explicitly. Your status with this attorney cannot be ambiguous. That means communicating to the attorney that s/he is fired. The attorney will then withdraw from your case.
Once the relationship is terminated, then you may then proceed with other representation…but is your disappointment in your current attorney actually merited, or is your attorney simply a convenient target for your frustration?
Ask yourself how your case could be harmed or delayed if a newcomer enters the picture at this point in litigation.
Ask yourself what about your relationship with your current attorney has to change, and then see what’s possible by bringing the issue to the attorney calmly, clearly and ideally in writing.
3. You are in the wrong jurisdiction.
Sometimes couples married in one state and moved to another where they made a life…and ended a marriage. Sometimes partners leave quickly, move to another state, and promptly pursue a divorce attorney in the new state.
A lawyer licensed in a given jurisdiction does not automatically possess authority to practice outside that jurisdiction. For example, a lawyer licensed in Florida may only be licensed in Florida, which means that is the only state where that lawyer can practice law. If your case requires the practice of another state’s law, then the lawyer licensed only in Florida cannot help you.
While you search for the right attorney, the DADvocacy™ Law Firm reminds you to document interactions through an app, such as Talking Parents, and to maintain a low profile on social media.
This blog post is part of the DADvocacy™ Law Firm’s series, “Why Lawyers Reject Your Case.” Visit our other posts to enhance your legal savvy and to understand how a lawyer thinks through case consultations:
If you believe that a dedicated fathers’ law firm is the right one for you, please talk with us. Our approach is rooted in our commitment to advocacy
Our Florida fathers’ rights lawyers know that most dads are facing an uphill legal battle when pulled into a divorce. Family law courts historically rule out of favor of men due to preexisting social biases…. [W] believe in a fair and balanced legal process that protects and upholds the rights of divorcing fathers, not shuns them.
As a service to dads, the DADvocacy™ Law Firm offers free resources in our DIY Toolshed. While such resources can never substitute for the services of a licensed attorney, they can help you to familiarize yourself with the legal process.
Warning: All posts on this website and partner website, JustPrenups.com, contain general information about legal matters for broad educational purposes only. The information is not legal advice, and should not be treated as such. This blog post does not create any attorney-client relationship between the reader and the DADvocacy™ Law Firm.
